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Hawaii Petition to Determine Distribution Rights of the Assets of a Decedent

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US-02654BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A Hawaii Petition to Determine Distribution Rights of the Assets of a Decedent is a legal document that is filed in Hawaii probate court to establish the proper distribution of a deceased individual's assets. It is important to understand the different types of petitions that can be filed based on specific circumstances. Here are some details about this legal process: 1. Petition for Determination of Distribution Rights: This type of petition is filed when there is no valid will in place or when the decedent's will does not clearly outline the distribution of their assets. It allows the court to make a determination on how the assets should be distributed among the heirs, following the rules of intestate succession. 2. Petition for Determination of Distribution Rights with a Will: If the decedent had a valid will, but certain issues arise that require the court's intervention, a petition can be filed to determine the distribution rights. This may happen when the will contains ambiguous language or if there are disputes among beneficiaries and heirs. 3. Petition for Determination of Distribution Rights with a Trust: If the decedent had a revocable living trust, a petition may be filed to determine the distribution rights of the trust assets. This process ensures that the assets are distributed according to the terms and conditions outlined in the trust agreement. 4. Petition for Determination of Distribution Rights in Special Circumstances: In some cases, there may be unique circumstances of the distribution of assets, such as when there are minor beneficiaries, creditors' claims, or issues involving non-probate assets. A special petition can be filed to address these specific situations and ensure fair and lawful asset distribution. When filing a Hawaii Petition to Determine Distribution Rights of the Assets of a Decedent, it is important to work closely with an experienced probate attorney. They can guide you through the legal process, help gather necessary evidence, and ensure all necessary paperwork is properly prepared and submitted. The court will then review the petition, consider any objections or claims raised by interested parties, and make a final determination on the distribution of the decedent's assets.

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FAQ

Rule 20 of the Hawaii Probate Rules allows the probate court to assign a contested matter to the civil trial calendar in circuit court, where formal discovery can begin.

126. Rule 126 - Trust Proceedings (a) Petition. A trustee or interested person shall commence any proceeding relating to a trust by filing a petition complying with Rule 3.

Probate in Hawaii is necessary when a person dies owning any real estate in his or her name alone, no matter how small the value of the real estate. Probate is also required when the total value of all ?personal property? owned in his or her name alone is worth more than $100,000.

The petitioner shall submit with the petition a copy of the death certificate for the beneficiary named in the will, who died before the deceased, or any other evidence, by affidavit or otherwise, to establish that the beneficiary is dead.

A party may obtain discovery of documents, electronically stored information, and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including the other party's ...

If the client's consent cannot be obtained or if the attorney finds it necessary to withdraw because of a conflict of interest under Rule 42(b) or (c), an attorney may withdraw as counsel only upon filing a petition to withdraw, giving notice to the client, and receiving the approval of the court.

If any party objects to the form of a proposed order, that person shall within 5 days serve upon the prevailing party and deliver to the court a statement of that party's objections and the reasons for failing to approve, if any, the form of the party's proposed order. Thereafter, the court shall settle the order.

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A party objecting or responding to a petition must file the objection or response with the court and serve it on interested persons within 30 days after service ... 5-40 Order Granting Petition for Approval of Final Accounts and Distribution ... Petition for Determination of Heirs ...Special Provisions Relating to Distribution. 560:3-901 Successors' rights if no administration. 560:3-902 Distribution; order in which assets appropriated;. The petition must also include a verification. Common Errors Made in Preparing the Final Account, Report and Petition for Final Distribution: The following ... Jan 1, 2023 — Decedent is survived by (complete if decedent is ... Petitioner is the trustee of a trust designated in decedent's will to receive property. A will allows you to determine where your assets go after your death. If you do not have a will, then your property will be distributed according to state law. Estate Administration – The process of ensuring that the decedent's probate assets are collected, protected and distributed among the rightful heirs, ... § 338. Distribution; order in which assets appropriated; abatement. (a)(1) Except as provided in subsection (b) of this section, shares of distributees given ... Petition to Determine Succession to Real Property. An Affidavit 13100 may be used to transfer liquid assets; however the guidelines presented through Probate ... If you have questions about where to file, you might want to contact the County Clerk's office or talk to a lawyer. How do I start the probate process? To begin ...

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Hawaii Petition to Determine Distribution Rights of the Assets of a Decedent